LEGAL ETHICS

Time: 60 mins

QUESTION I: Give answers for the following questions: (4 points)

1. Fill the suitable words in the blank:

Ethics are the moral…………………… or rules of ………….. that govern a person’s ………..and a personal ………….. to do what is right.

2.  List out 5 intrinsic values that are included in the sources of the legal profession’s ethics

3. What should you do if you are required to act for a client that you do not necessarily approve of or share the same values?

4. What should you do If your employer asks you to do something, which you know to be in breach of your ethical obligations? If you do not do so, your job is at risk.

5. Fill the suitable words in the blank:

A fiduciary relationship is a relationship of ………. and confidence between two people. The person who owes a duty of honesty and care is called the …………, whilst the person to whom the duty is owed is known as the ……………..

6. Below description is about which duties of lawyer to client?

“This duty includes not only encouraging and interacting with the client to ensure all of the relevant facts and correct instructions are obtained but it also includes explaining and expressing complicated matters to the client in a way that is easily understood”.

7. In duties of a lawyer to the clients, is a lawyer permitted to providing legal services to clients who have conflicting interests in the same case or civil affair in Vietnamese law? In other jurisdictions, in which typical conditions the lawyer is allowed to provide legal service to the conflicting parties in the same case?

8. In duties of a lawyer to the clients, why should the lawyer decline to receive gifts from clients?

9. In a lawsuits arising out of problems related to cosmetic surgery for claiming breach of a contract, are damages for loss of normal life and pain and suffering compensated for the victorious patient in a breach of contract lawsuit?

10. Based on the theory of negligence, in a cosmetic surgery, if the doctor made a mistake and failed to provide the quality of work, explain the burden of proof which the patient must demonstrate to claim for damage from the doctor? (Exampe: Sullivan v. O’Connor 1973)

QUESTION 2: Read the below scenario and answer the relevant questions: (4 points)

Xin works in a small property law firm in her local town. She is approached by Hoa, a widower aged 72 years, who wishes to sell her property to her grandson, Ly.

Ly lives in a remote village where there is little to no law firms. Hoa asks Xin if she will act for both herself and Ly on the sale of the land.

Once the contracts are exchanged, Ly informs Xin that he faces difficulty completing the sale because funds he was expecting to receive from his employer have not been secured, however, he instructs Xin not to reveal this problem to Hoa.

Should Xin continue to act for both parties?

Guiding questions:

• What is the relevant duty?
• Is there any relevant professional conduct rule?
• Is there any relevant sanction for breach of that rule? What sanction should be applied for breach of that rule?
• Can the situation be resolved?

QUESTION 3: Give the short answers and explanations for below questions: (2 points)

1. Should the client fire the lawyer if they meet a lawyer they like more?
2. Can the lawyer withdraw if the client does not give them the information and instructions they need?
3. Can the lawyer withdraw if they want to take on a new case for another client that will pay more?
4. Can the lawyer withdraw if the client fails to follow the lawyer's reasonable instructions?
5. Should all discussions with the client be clearly documented and confirmed in writing?

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